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COMMERCIAL TERMS OF SERVICE
SHYNE ENERGY, LLC
PUCT REP License #10221
2121 Sage Rd, STE 270
Houston, Texas 77056-1740
[email protected]
www.shyneenergy.com
Phone: 832-932-9239 Hrs. 8-5 M-F CST Toll Free: 888-256-2823 (24 X 7) Fax: 832-932-9256
Commercial Terms of Service
This document explains the terms and conditions that apply to your purchase of electricity from Shyne Energy (Shyne
Electric, we, our, us). Your contract with us includes the Terms of Service, your Commercial Enrollment Sheet in writing
and the “Your Rights as a Customer” disclosure document, as they may be amended from time to time. The terms
"includes" or "including" mean "including without limitation." By accepting electric service from Shyne Energy, you are
entering into a contract with us and you will be bound by the Commercial Terms of Service.
Spanish Language (Idioma Español)
Your contract documents are available in Spanish by contacting us at 832-932-9239 or 888-256-2823 or visit Shyne
Energy .com/espanol.
Usted puede obtener los documentos de su contrato comunicándose con nosotros al 832-932-9239 o 888-256-2823 o
Shyne Energy .com/espanol.
Pricing
You agree to pay the price indicated in the Commercial Enrollment Sheet and all amounts shown on your bill. Some
products may require an advanced meter (smart meter) that records your usage more frequently and you will only be
eligible for these prices if the appropriate meter and any other necessary equipment are installed at your location. Price
for Customers on a variable default rate will vary according to a method determined by Shyne Energy. Your Commercial
Enrollment Sheet contains your specific product, type and term information.
Profiled accounts are subject to the verification of the correct Load Profile(s) as assigned by the Electric Reliability Council
of Texas (“ERCOT”). Shyne Energy has provided prices based upon your historical annual kWh usage and estimated load
factor for each point of delivery. Shyne Energy reserves the right to place you on the correct price if your actual load
profile differs from the load profile as assigned by ERCOT.
If Buyer’s usage in any period exceeds its historical usage for such period by more than 10%, then SHYNE ENERGY may
charge the Buyer 105% of the then current market price as determined by SHYNE ENERGY in its reasonable discretion,
instead of the contract price for such excess quantities. If Buyer’s usage is less than 90% of its historical usage for such
period, then SHYNE ENERGY will pay the Buyer a liquidation fee equal to the positive difference, if any, resulting from
subtracting 95% of the then current market price as determined by SHYNE ENERGY in its reasonable discretion from the
contract price.
You agree to pay all recurring and non-recurring fees charged by the transmission and distribution service provider
(TDSP) that are necessary to implement and/or maintain electric service for you. (For the cost of maintaining electric
poles and wires, meters, storm restoration, meter reads, etc.) These charges are approved by the Public Utility
Commission of Texas and are passed through to you without any markup. Non- recurring fees by the TDSP may include
service connection, disconnection or reconnection fees, meter test fees or special out-of- cycle meter read fees. Nonrecurring fees will appear as line items on your bill. Recurring fees
You agree to pay all applicable Taxes (see Taxes below) and any fees charged by any governmental entity. The price,
non-recurring fees and Taxes will be reflected on your monthly bill as Current Charges.
You agree to pay all non-recurring fees, other than TDSP fees as described below.
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Late Payment Penalty – For late payments or past due or delinquent balances, we will charge a one-time
penalty of 5% of the past due balance.
Base Fee – There will be a monthly per meter fee of $9.95 for Commercial Customers.
Insufficient Funds Fee – We will charge a fee up to $25 for each payment that is not processed due to
insufficient funds or other type of bank return or payment rejection.
Document Processing Fee – We will charge a $2 fee for each request for additional bill copies, duplicate bills,
payment reference letters or summary billing. To avoid this fee, you may be able to access your usage and billing
history on our website.
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Disconnect Notice Fee - We will charge you a Disconnect Fee of up to $10 each time we send you a
disconnection notice.
Reconnect Fee - If you receive a disconnection notice we will also charge you a Reconnect Fee of up to $30 for
reconnecting your services. This charge would be in addition to any TDSP charges related to
disconnections/reconnections.
Early Cancellation Fee – If you cancel this Agreement for any reason before the end of the initial term you will be
assessed an early cancellation fee that is all of the remaining Estimated Customer Location Energy Volume
through the end of the Term multiplied by the Energy Charge plus sales tax if applicable. The Early Termination
Fee shall be immediately due and payable by Customer to SHYNE ENERGY within (5) calendar days following
such default. Regardless of the method or reason for cancellation of the Agreement, you are responsible for
payment of all outstanding charges incurred through the date on which the cancellation is effected by the TDSP.
The Incompetence, sale of business, closure of business or if you are still under contract with your
previous provider shall not relieve you of your obligation under this agreement and you will be
responsible for all charges including Cancellation Fees under this agreement. The cancellation/termination
fee is intended to be a reasonable estimate of Shyne Energy’s costs which result from Customer’s early
cancellation/termination.
Load Profile Change: If Buyer (i) changes any voltage level in place at the time this agreement became effective; (ii)
changes an existing electric meter to a materially different size/capacity; or (iii) causes the ERCOT Deemed Load Profile
Type to change, SHYNE ENERGY may adjust the price to reflect any such changes.
Billing and Payment
We will provide a monthly bill that will include Current Charges and the Amount Due that will be due and payable 16
calendar days from the date shown on the bill, except you agree that we may issue a bill less frequently if we do not
receive meter readings or usage information from the TDSP or ERCOT in time to prepare and send a monthly bill. We
may also issue bills less frequently or send your bills electronically if you agree to accept alternate arrangements. If you
would like to receive your monthly bill ELECTRONICALLY, please e-mail us at [email protected]
. If you do not pay your bill by the due date, we will charge you a Late Payment Penalty of 5% on the amount for the
previous month’s past-due electric service.
If you receive a disconnection notice you will be charged a Disconnect Notice Fee each time we send you a disconnection
notice. When your service is restored you will be charge a reconnect fee on your next month’s bill. We reserve the right to
adjust your bill. We may calculate a bill based on estimated meter readings absent actual meter readings from the TDSP
or ERCOT. Once actual meter readings are received, we will issue a bill or make adjustments on a subsequent bill.
If you fail to timely pay the amounts due and we refer your outstanding balance to an attorney or collection agent for
collection, or file a lawsuit, or collect your outstanding balance through probate, bankruptcy or other judicial proceedings,
then you agree to pay reasonable fees and expenses (including attorney fees) that we incur in the collection process.
Switch-Hold
A switch-hold may be applied to your ESI ID if you enter into certain payment arrangements. Additionally, your TDSP will
apply a switch-hold to your ESIID if there is evidence of meter tampering. A switch-hold means that you will not be able to
buy electricity from other companies until you have satisfied the terms of your payment arrangement or, in cases of meter
tampering, have satisfied payment of the applicable charges and back-billing. While a switch-hold applies, if you are
disconnected for not paying, you will need to pay Shyne Energy to get your electricity turned back on.
Right of Rescission
If you are switching to Shyne Energy from another Retail Electric Provider (REP), you can cancel your acceptance of
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the contract with us without penalty or fee by contacting us before midnight of the 3 federal business day after the date
of your enrollment authorization and receipt of the contract documents. Please include the following: 1.) request to
cancel contract 2.) name, address, phone number 3.) Account number or ESIID number. You may call us to cancel at
832-932-9239 or 888-256-2823 with this information, fax it at 832-932-9256 or 888-256-3238, or e-mail us at
[email protected].
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Canceling Your Contract
Your contract term is stated in the Commercial Enrollment Sheet. At the end of your contract term, you may cancel or
terminate your contract by switching to a new provider. If you cancel the contract before the end of your contract term, you
agree to pay the penalty or fee for early cancellation indicated above in the Pricing portion of the Commercial Terms of
Service and you must select another REP to continue to receive electric service.
Our obligations will end after the meter read date where we are no longer designated as your REP or when your electric
service is disconnected by the TDSP. Your obligations under the contract will end when your account balance is paid in
full. A Month to Month contract can be cancelled at any time without penalty.
Contract Expiration Notice
If you are on product that has a contract term of at least three months, we will send you a written notice at least 30 days
prior to the date of contract expiration, but no more than 60 days or two billing cycles in advance of contract expiration.
You do not need to take any action in response to the contract expiration notice in order to continue to receive service,
which will be provided under a Shyne Energy default month-to-month renewal product. The contract expiration notice will
let you know what you need to do if you want to renew your service to another term or change your service plan. Price for
Customers on a variable default rate will vary according to a method determined by Shyne Energy.
Disconnection of Your Electric Service
WE MAY REQUEST DISCONNECTION OF YOUR ELECTRIC SERVICE IF YOU DO NOT PAY THE PAST DUE
AMOUNT OF YOUR ELECTRIC SERVICE BILL IN FULL BY THE DUE DATE ON THE DISCONNECT NOTICE. We will
notify you in writing at least 10 calendar days before we disconnect electric service. We may request disconnection of
your electric service without prior notice immediately under specific situations, including the existence of a dangerous
condition at your service address or theft of service.
Customer Care, Alternate Billing and Payment Options
If you have any questions, concerns, billing inquiries, or you are interested in applying for the following services we offer,
please contact us at 832-932-9239 or 888-256-2823.
• Automatic Bank Draft: You may conveniently pay your bill by automatic bank draft.
• Automatic Credit Card Pay: You may pay your bill by Visa, MasterCard or Discover.
• Third-Party Bill Payment Centers: Select authorized bill payment centers allow you to pay your Shyne Energy
balance in person by cash, check or money order. Please visit our website to find nearby authorized payment
center locations. Payment centers may charge a fee for payment processing. Please be aware that paying at an
unauthorized payment location may take 5-7 business days or longer for Shyne Energy to receive your payment.
• Summary Billing: Even if you have electric service at multiple locations, upon request, we can provide you with a
single bill so long as you provide a single billing address.
• Online Account Management: You may receive, view and/or pay your bill electronically through our electronic bill
presentment option.
Antidiscrimination
We cannot deny service or require a prepayment or deposit for service based on your race, creed, color, national origin,
ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an
economically distressed geographic area, or qualification for low income or energy efficiency services. We also cannot
use a credit score, a credit history, or utility payment data as the basis for determining the price for electric service for
products with a contract term of 12 months or less.
Power Outages and Emergencies
Please call the telephone number listed on your bill if you have an electrical emergency or a power outage.
Oncor
888-313-4747
CenterPoint Energy
800-332-7143 or 713-207-2222
TNMP
888-866-7456
AEP
866-223-8508
Sharyland
956-668-9551
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Limitations of Liability
YOU AGREE THAT CAUSES AND EVENTS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, ACTS OF ANY
GOVERNMENTAL AUTHORITY, ACCIDENTS, STRIKES, LABOR TROUBLE, AND EVENTS OF FORCE MAJEURE
OCCURRING WITH RESPECT TO THE TDSP, ERCOT, OR OTHER THIRD PARTY SYSTEMS OR ASSETS (A FORCE
MAJEURE EVENT), MAY RESULT IN INTERRUPTIONS IN SERVICE AND THAT WE WILL NOT BE LIABLE FOR
THOSE INTERRUPTIONS. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR GENERATING YOUR
ELECTRICITY OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS.
FURTHERMORE, YOU AGREE THAT WE WILL NOT BE LIABLE WITH RESPECT TO ANY THIRD PARTY SERVICES;
THAT OUR LIABILITY NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO
DIRECT ACTUAL DAMAGES ONLY; AND NEITHER OF US ARE LIABLE TO THE OTHER FOR CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES. YOU WAIVE ALL OTHER REMEDIES AT LAW OR
IN EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE,
JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THE
CONTRACT.
REPRESENTATIONS AND WARRANTIES
THE ELECTRICITY SOLD UNDER THIS CONTRACT WILL BE SUPPLIED FROM A VARIETY OF GENERATING
SOURCES. IF YOU ELECT TO PURCHASE A RENEWABLE ENERGY PRODUCT, WE WILL ENSURE THAT THE
APPROPRIATE AMOUNT OF RENEWABLE ENERGY CREDITS (RECs) IS RETIRED TO AUTHENTICATE THE
RENEWABLE ENERGY CONTAINED IN THE PRODUCT. THE TDSP OR ERCOT SYSTEM WILL NOT DELIVER
ELECTRICITY FROM A SPECIFIC GENERATING SOURCE TO YOUR SERVICE ADDRESS. IF YOU PURCHASE
RENEWABLE ENERGY FROM US, YOU ARE PROVIDING FINANCIAL SUPPORT FOR RENEWABLE ENERGY
GENERATION SOURCES AND NOT RECEIVING THE PRECISE ENERGY GENERATED FROM THAT SOURCE. WE
MAKE NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THE
CONTRACT, AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR
IMPLIED, INCLUDING MERCHANTABILITY, CONFORMITY TO MODELS OR SAMPLES AND FITNESS FOR A
PARTICULAR PURPOSE.
Taxes
You will be responsible and indemnify us for any and all Taxes. "Taxes" means all federal, state and local taxes, fees,
governmental charges, and assessments presently or hereafter imposed on you as purchaser of electricity, on us as seller
of electricity, or on electricity sales transactions, including gross receipts taxes, municipal administrative fees, and
generation, utility, TDSP, regulatory, BTU or electricity taxes and assessments.
Provisions that Survive
Obligations regarding indemnity, payment of Taxes, limitations of liability, and waivers will survive the termination of the
contract indefinitely.
Unenforceability
If either party or its activities under the contract become subject to any Law enacted during the contract term that renders
the contract unenforceable or illegal, then either you or Shyne Energy may terminate the contract without the consent of,
and upon 30 days’ notice to, the other, and without any obligation, payment or otherwise (other than payment obligations
for electricity previously supplied to you).
Governing Law
YOUR CONTRACT WITH SHYNE ENERGY IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS. THE TEXAS
UNIFORM COMMERCIAL CODE APPLIES TO THE TERMS OF SERVICE AND ELECTRICITY IS DEEMED A “GOOD”.
The Uniform Commercial Code can be viewed at the following website: http://www.statutes.legis.state.tx.us/?link=BC .
Assignment
You may not assign your contract with us, in whole or in part, or any of your rights or obligations under the contract
without our prior written consent. Shyne Energy may, without your consent, (i) as part of any financing or other
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financial arrangements, assign, sell or pledge this agreement or its accounts, revenues, or proceeds, or (ii) assign this
agreement to an affiliate of Shyne Energy or to any other person or entity succeeding to all or a substantial portion of the
assets of Shyne Energy .
Waiver
If either of us waives any one or more defaults by the other in the performance of any of the provisions of the contract,
then such waiver will not be construed as a waiver of any other default or defaults whether of a like kind or of a different
nature.
Material Change: SHYNE ENERGY will provide you with at least 14 calendar days advance written notice of any material
change in the Terms of Service, either in your bill or in a separate mailing. The changes will become effective on the date
stated in the notice unless you cancel your Agreement. You may cancel your Agreement no later than 1 calendar day
before the effective date of the material change without penalty from SHYNE ENERGY . If you do not choose another
REP before the effective date of material change, Shyne Energy will continue to serve you under the modified terms and
conditions of this Agreement. Changes in wholesale natural gas and/or electricity prices shall not constitute a Material
Change under the terms and conditions of this Agreement. Changes in fixed rate prices and contract terms are also not a
material change.
Force Majeure: If either Party is unable to perform its obligations, in whole or in part, due to an event of force majeure as
defined herein then the obligations of the affected Party (other than the obligations to pay any amounts due prior to
force majeure event) shall be suspended to the extent made necessary by such event. The term “Force Majeure” shall
mean any act or event that is beyond the claiming Party’s control (and which could not be reasonably anticipated and
prevented through the use of reasonable measures), including, without limitation, the failure of the TDSP to receive,
transport or deliver, or otherwise perform, unless due to the failure of the Party claiming Force Majeure to perform such
Party’s obligations hereunder, and an event of force majeure of SHYNE ENERGY suppliers.
The Party suffering the event of Force Majeure shall give written notice of such event of Force Majeure in reasonably full
particulars to the other Party, as soon as reasonably possible.
Any such event of Force Majeure shall, so far as possible, be remedied with all reasonable dispatch. Force Majeure shall
not include (i) the opportunity for SHYNE ENERGY to sell the electricity to be sold under this Agreement to another party
at a higher price than that set forth in the Agreement, (ii) the opportunity for Customer to purchase the electricity for its ESI
IDs from another party at a lower price than that set forth in the Agreement, or (iii) the inability of either Party to pay its
bills under the Agreement or any other of its bills. Therefore, you agree that we are not liable for damages caused by
events of force majeure, including acts of God, extraordinary weather occurrences, acts of any governmental authority,
including the Public Utility Commission of Texas or the Electric Reliability Council of Texas (ERCOT), accidents, strikes,
labor trouble, required maintenance work, inability to access the Local TDSP system, nonperformance of the Local TDSP,
delay of deregulation or changes in laws, rules, regulations, practices or procedures of any governmental authority or
ERCOT, or any cause beyond our control. If such an event occurs, which makes it impossible for SHYNE ENERGY to
perform under this Agreement, our performance under this Agreement shall be excused for the duration of such event.
Changes to Contract Provisions
Your price during the contract term is only subject to change to reflect changes in the TDSP charges, changes to the
ERCOT or Texas Regional Entity administrative fees charged to load or changes resulting from federal, state or local laws
that impose new or modified fees or costs on REPs, including Shyne Energy , that are beyond the control of REPs. We
can make changes to the provisions of the contract at any time during the contract term with appropriate notice of 14 days
except for changes to your price if you have a fixed rate product or changes to the pricing formula on an indexed product
or the length of your contract term. If you do not cancel the contract before the effective date of the change, the change
will become effective on the date stated in the notice. Notice is not required for a change that is beneficial to you.
ARBITRATION AGREEMENT:
In the unlikely event that we are unable to resolve a dispute or complaint you may have to your satisfaction, we
each agree to resolve those disputes through binding arbitration before bringing it to courts of general
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jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or
jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award
the same damages and relief that a court can award.
We and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly
interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute,
fraud, misrepresentation or any other legal or equitable theory;
• claims that arose before this or any prior Contract;
• claims that are currently the subject of purported class action litigation in which you are not a
member of a certified class; and
• claims that may arise after the termination of your Contract.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement
does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the
PUCT. Such agencies can, if the law allows, seek relief against us on your behalf. No amendment of this arbitration
agreement shall apply to disputes or claims of which we had actual notice from you on the date of the amendment. You
agree that, by entering into your Contract, you and Shyne Energy , LLC are each waiving the right to a trial by
jury or to participate in a class action, and the Federal Arbitration Act governs the interpretation and enforcement
of this agreement. This arbitration agreement shall survive termination of your Contract.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this
agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org or by calling the AAA at
1-800-778-7879. The arbitrator is bound by the terms of your Contract. All issues are for the arbitrator to decide, except
that issues relating to the scope and enforceability of the arbitration provision are for the court to decide.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING
IN ANY PROCEEDING THAT ORIGINATES IN A SMALL CLAIMS COURT AND ANY RELATED APPEAL. Further,
unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this arbitration provision shall be null and void.
WAIVER OF RIGHT TO JURY TRIAL OR TO CLASS ACTION OR CLASS ARBITRATION:
TO THE FULLEST EXTENT THAT APPLICABLE LAW ALLOWS, YOU AND WE AGREE THAT (1) YOU AND WE
WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) NEITHER YOU NOR WE WILL SEEK OR SUPPORT ANY ORDER
CERTIFYING AN ACTION OR ARBITRATION INVOLVING YOU AND US AS A CLASS ACTION OR CLASS
ARBITRATION OR JOIN OR PARTICIPATE AS A PARTY OR CLASS.
Attorney’s Fees. In the event of any litigation arising out of or connected in any manner to this Agreement,, the nonprevailing Party shall pay the costs of the prevailing Party, including its reasonable attorney other legal fees and expenses
incurred in connection therewith through and including the costs of appeals and appellate costs relating thereto.
Confidentiality: Parties agree that the terms and conditions of this Agreement and any offer Sheets shall remain
confidential, except that Confidential information shall include information required to be disclosed by law.